In the federal workplace, the Rehabilitation Act of 1973 protects employees with disabilities from discrimination, requiring agencies to provide reasonable accommodations unless doing so would impose an undue hardship. When an Agency fails to comply, employees are entitled to remedies, including compensatory damages. The case of Cecilia T. Durinzi v. John E. Potter, Postmaster General, U.S. Postal Service, EEOC Appeal No. 01A41946, 2005 WL 1903378 (July 28, 2005), is an important example of how federal employees can seek compensatory damages for non-pecuniary harm, such as emotional distress and suffering, caused by the denial of accommodations.
Legal Background
Under Section 501 of the Rehabilitation Act, agencies must reasonably accommodate employees with disabilities unless doing so would create an undue hardship. In Durinzi, the U.S. Postal Service (USPS) failed to provide Ms. Durinzi a modified work schedule to accommodate her medical conditions, including interstitial cystitis, fibromyalgia, and piriformis syndrome. This denial caused significant emotional distress, anxiety, and strain on her physical and mental well-being. After an earlier finding that USPS had discriminated against her, Ms. Durinzi appealed the Agency’s decision on compensatory damages, seeking additional compensation for her suffering.
Evidence and the Commission’s Decision
Ms. Durinzi provided detailed testimony regarding the emotional and psychological impact of the Agency’s discrimination. She explained that, since August 1997, her life had been significantly affected by the USPS’s refusal to accommodate her disabilities. She experienced depression, anxiety, and significant weight loss, which strained her marriage and left her emotionally and physically depleted. Her husband and sister provided supporting statements describing how her personality had changed and how she became withdrawn and emotionally fragile.
The USPS initially awarded Ms. Durinzi $10,000 in non-pecuniary damages for her emotional distress, but she appealed, arguing that this amount did not sufficiently reflect the severity of her suffering. The EEOC agreed, finding that the evidence supported a higher award. The Commission emphasized that non-pecuniary damages are meant to compensate for actual harm—such as mental anguish, loss of enjoyment of life, and emotional suffering—rather than to punish the Agency.
Ultimately, the EEOC awarded Ms. Durinzi $120,000 in non-pecuniary damages. The Commission noted that her suffering was prolonged and severe, affecting her mental health and personal relationships over a six-year period. This amount was deemed reasonable and consistent with awards in similar cases, ensuring she received appropriate compensation for the emotional toll the discrimination took on her life.
Protecting Your Rights as a Federal Employee
If you are a federal employee with a disability and believe your Agency has failed to provide reasonable accommodations, it is important to know your rights and how to seek compensation for the harm you have endured. Here are key steps you might want to take or discuss with a federal employment attorney:
- Request Accommodations: If you require adjustments to your job due to a disability, make a formal request for accommodation through your Agency’s reasonable accommodation process.
- Document Everything: Keep records of your requests, the Agency’s responses, and any medical documentation that supports your need for accommodations.
- File a Complaint: If your accommodation request is denied or delayed, and it impacts your ability to work or causes emotional distress, you have the right to file a complaint with the EEOC.
- Seek Compensation: If the Agency’s failure to accommodate your disability results in emotional or physical harm, you may be entitled to non-pecuniary compensatory damages. Providing evidence of the emotional, mental, or physical impact of the discrimination, such as medical records or statements from family members, can help support your claim.
Move Forward with Federal Employment Attorneys
The federal employment attorneys at Southworth PC can help you navigate the process of securing reasonable accommodations or seeking compensatory damages for discrimination. If you believe your rights have been violated, contact Southworth PC for a consultation. We are committed to ensuring that federal employees receive the protections and compensation they deserve under the law.
This case illustrates the significance of understanding your rights as a federal employee under the Rehabilitation Act and the legal avenues available if those rights are violated.